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SCHAFFER v. WEAST Syllabus
marginal dollars should be allocated to litigation and administrative ex penditures or to educational services. There is reason to believe that a great deal is already spent on IDEA administration, and Congress has repeatedly amended the Act to reduce its administrative and litigation related costs. The Act also does not support petitioners’ conclusion, in effect, that every IEP should be assumed to be invalid until the school district demonstrates that it is not. Petitioners’ most plausible argu ment—that ordinary fairness requires that a litigant not have the bur den of establishing facts peculiarly within the knowledge of his adver sary, United States v. New York, N. H. & H. R. Co., 355 U. S. 253, 256, n. 5—fails because IDEA gives parents a number of procedural pro tections that ensure that they are not left without a realistic chance to access evidence or without an expert to match the government. Pp. 58–61. 377 F. 3d 449, affirmed. O’Connor, J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a concurring opinion, post, p. 62. Ginsburg, J., post, p. 63, and Breyer, J., post, p. 67, filed dissenting opinions. Roberts, C. J., took no part in the consideration or decision of the case.
William H. Hurd argued the cause for petitioners. With him on the briefs were Siran S. Faulders, Michael J. Eig, and Haylie M. Iseman. Gregory G. Garre argued the cause for respondents. With him on the brief were Maree F. Sneed, Jonathan S. Frank lin, Zvi Greismann, Judith S. Bresler, Eric C. Brousaides, and Jeffrey A. Krew. David B. Salmons argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Clement, Assistant Attorney Gen eral Keisler, Acting Assistant Attorney General Schlozman, Marleigh D. Dover, Stephanie R. Marcus, and Kent D. Talbert.*
- Briefs of amici curiae urging reversal were filed for the Common
wealth of Virginia et al. by Judith Williams Jagdmann, Attorney General of Virginia, William E. Thro, State Solicitor General, Eric A. Gregory and Joel C. Hoppe, Associate State Solicitors General, and Maureen Riley Matsen, Deputy Attorney General, and by the Attorneys General for their
